The Extradition Act 2003 (Overseas Territories) Order 2016

• Citation: S.I. 2016/990
• Sections: 201

Section 1 Citation, commencement and extent

(1) This Order may be cited as the Extradition Act 2003 (Overseas Territories) Order 2016 (“the Order”) and, subject to article 9, comes into force on 10th November 2016.

(2) This Order extends to each British overseas territory listed in Schedule 1.

Section 2 Interpretation

(1) In this Order, “Territory” means a British overseas territory listed in Schedule 1.

(2) Subject to paragraphs (4) and (5), for the purposes of this Order the following are within the meaning of the expression “extradition territory”—

(a) a territory listed in Schedule 2; and

(b) any other territory designated by order made by the Secretary of State under section 1(1) or 69(1) of the UK Act after this Order comes into force.

(3) A territory referred to in paragraph (2) ceases to be an extradition territory for the purposes of this Order if it ceases to be designated by order made by the Secretary of State under section 1(1) or 69(1) of the UK Act.

(4) In relation to extradition from or to a particular Territory, the expression “extradition territory” does not include that Territory.

(5) In relation to extradition from or to the Sovereign Base Areas, the expression “extradition territory” does not include Cyprus.

(6) In this Order—

“the Act”, unless the context otherwise requires, means the provisions of the UK Act as set out in Schedule 3, including the modifications and additional provisions set out in that Schedule;

“asylum claim” means a claim made by a person to the responsible authority in the Territory that to remove a person from or require him to leave the Territory would breach the obligations of the Territory under the Refugee Convention or would otherwise be incompatible with the principle of non–refoulement;

“constable”, in relation to a Territory, means a person having the powers of a police officer under the law of that Territory;

“discontinued” includes the entry of a nolle prosequi;

“early release provisions” means such provisions as are in force in a Territory enabling a person serving a sentence of imprisonment or other form of detention to be released from detention before the end of his sentence but subject to recall;

“Governor”, in relation to a Territory and except where the context otherwise requires, means the person holding or acting in the office of Governor of that Territory, or if there is no such office, the officer for the time being administering that Territory;

“Guernsey” means the Bailiwick of Guernsey;

“Human Rights Convention” means the Convention for the Protection of Human Rights and Fundamental Freedoms agreed by the Council of Europe at Rome on 4 November 1950 as it has effect for the time being in relation to the Territory concerned, except in respect of the application of the Order to—

Pitcairn, where it means Part 2 of the Pitcairn Constitution set out in Schedule 2 to the Pitcairn Constitution Order 2010 ;

the British Antarctic Territory or the British Indian Ocean Territory, where it means the right to life and the right not to be subjected to torture or to inhuman or degrading treatment or punishment;

“Jersey” means the Bailiwick of Jersey;

“Judicial Committee” means the Judicial Committee of the Privy Council;

“magistrate”, in relation to a Territory, means a person having the powers of a magistrate under the law of that Territory or—

in the Sovereign Base Areas, the Resident Judge’s Court of those Areas;

in the British Antarctic Territory and the British Indian Ocean Territory, the senior magistrate;

“Pitcairn” means Pitcairn, Henderson, Ducie and Oeno Islands;

“provisional warrant” means a warrant issued under section 73(3) of the Act as set out in Schedule 3;

“the UK Act” means the Extradition Act 2003, as it has effect in the United Kingdom;

“Refugee Convention” means the Convention relating to the Status of Refugees done at Geneva on 28 July 1951 and the Protocol to that Convention ;

“Sovereign Base Areas” means the Sovereign Base Areas of Akrotiri and Dhekelia (that is to say the areas mentioned in section 2(1) of the Cyprus Act 1960 );

“Supreme Court” means—

in relation to Anguilla, Montserrat and the Virgin Islands, the High Court of the Eastern Caribbean Supreme Court;

in relation to the Cayman Islands, the Grand Court of the Cayman Islands;

in relation to Bermuda, the British Antarctic Territory, the British Indian Ocean Territory, the Falkland Islands, Pitcairn, St Helena, Ascension and Tristan da Cunha, South Georgia and the South Sandwich Islands and the Turks and Caicos Islands, the Supreme Court of the respective Territory;

in relation to the Sovereign Base Areas, the Senior Judges’ Court of those Areas.

Section 3 Extension of provisions of Extradition Act 2003 to Territories

(1) The Act (as defined in article 2(6)) extends to each Territory.

(2) In relation to a case where a request for extradition is made in respect of more than one offence, the modified provisions set out in Schedule 3 have effect in each Territory subject to the further modifications specified in Schedule 4.

Section 4 Exercise of powers by Governor

In the exercise of any power conferred on the Governor by this Order, the Governor is to act in his discretion.

Section 5 The British Antarctic Territory, Pitcairn and South Georgia and the South Sandwich Islands (“small Territories”)

(1) This article applies to extradition to or from any of the following Territories—

(a) the British Antarctic Territory;

(b) South Georgia and the South Sandwich Islands;

(c) Pitcairn (in this article, each a “small Territory”).

(2) If it appears to the Governor that there are procedural arrangements in place between a small Territory and another territory, the Governor may issue a certificate, which contains—

(a) the information referred to in paragraph (3); and

(b) the assurance referred to in paragraph (4).

(3) The information is that the Act applies in that small Territory,—

(a) as if specified references in it to “the Territory” are a reference to the Territory, the territory named in the certificate, or to both as appropriate; and

(b) subject to any other specified modifications as appear to the Governor to be appropriate.

(4) The assurance is one that the procedural arrangements include an undertaking from the other territory that it will treat the extradited person, or persons, in the same way that the small Territory would be required to do under the law of that small Territory or arrangements between it and the extradition territory in relation to which the extradition request is concerned.

(5) In this article, “procedural arrangements” mean arrangements that allow for specified aspects of the extradition process (including the extradition hearing and the return of an extradited person to face trial or serve a sentence of imprisonment), whether generally or in relation to the extradition of a particular person, to take place in another territory on behalf of a small Territory.

Section 6 Sovereign Base Areas

(1) In their application to the Sovereign Base Areas, sections 70(2)(c) and 93(6A)(b) of the Act as set out in Schedule 3 have effect as if for the words “granted leave to enter or remain” there were substituted the words “permitted to enter or remain”.

(2) In their application to the Sovereign Base Areas, sections 77(1), 84(1) and 86(1) of the Act as set out in Schedule 3 have effect so that the Resident Judge’s Court has the same powers as in the exercise of its criminal jurisdiction.

(3) In their application to the Sovereign Base Areas, sections 76A(2), 88(2), 97(2), 102(2) and 118C(2) of the Act as set out in Schedule 3 have effect as if—

(a) for the words “the charge is withdrawn” there were substituted the words “the defendant is discharged”;

(b) for the words “proceedings in respect of the charge are discontinued” there were substituted the words “the charge is quashed”;

(c) for the words “an order is made for the charge to lie on the file” there were substituted the words “the Attorney General and Legal Adviser enters a nolle prosequi”.

(4) In its application to the Sovereign Base Areas, section 214 of the Act as set out in Schedule 3 has effect as if it included reference to an appeal by the prosecution in addition to an appeal against conviction.

Section 7 Modifications relating to summary trials on information

Where a provision in Schedule 3 contains the phrase “summary trial of an information”, that provision has effect—

(a) in its application to the British Antarctic Territory, as if for that phrase there were substituted the phrase “the trial of an information”;

(b) in its application to the British Indian Ocean Territory, as if for that phrase there were substituted the phrase “the summary trial of a charge”; and

(c) in its application to the Cayman Islands, as if for that phrase there were substituted the phrase “the summary trial of a complaint”.

Section 8 Revocations

Subject to article 9(3), the instruments specified in Schedule 5 are revoked in so far as they extend to any of the Territories.

Section 9 Transitional provision and savings

(1) Paragraph (2) applies with respect to—

(a) requests for extradition which are sent, or received, by a Governor before 10th November 2016;

(b) extraditions made to or from a Territory before 10th November 2016.

(2) In respect of the request for extradition to which this paragraph applies—

(a) the instruments revoked in article 8 continue to apply in so far as they extend to the particular Territory; and

(b) the provisions of the Act do not apply and such a request shall be dealt with in accordance with the law that was in force in the Territory at the time the request was sent or received.

(3) The revocation made by article 8 of an instrument listed in Part 2 of Schedule 5 shall not apply in Bermuda until such time as any provision, which is made for (or by) Bermuda and which has the effect of replacing that instrument, comes into force.

(4) The powers conferred by or under the Act shall be in addition to, and not in derogation of, the powers exercisable by virtue of the prerogative of the Crown.

Section 1

In section 78, omit subsections (2), (3), (5) and (8).

Section 2

In section 78, for subsection (4) substitute—

(4) The judge must decide whether the offence specified in the request is an extradition offence.

Section 3

In section 78(6), for “any of the questions” substitute “the question”.

Section 4

In section 78(7), for “those questions” substitute “that question”.

Section 5

In section 79(1), omit paragraph (c).

Section 6

Omit section 82.

Section 7

In section 87(3), for the words from “must send the case” to “extradited” substitute “may order the person to be extradited to the extradition territory”.

Section 8

In section 87, after subsection (3) insert—

(4) If the judge makes an order under subsection (3) he must remand the person in custody or on bail to wait for his extradition to the territory.

(5) If the person is remanded in custody, the appropriate judge may later grant bail.

Section 9

In section 103(1)—

(a) for the words from “sends a case” to “extradited” substitute “orders a person’s extradition under this Part”, and

(b) for “the relevant decision” substitute “the order”.

Section 10

In section 103(2), for the words from “the person” to “the Governor” substitute “the order is made under section 128”.

Section 11

In section 103, omit subsections (3), (5), (6), (7) and (8).

Section 12

In section 103(9), for the words from “the Governor” to “person” substitute “the order is made”.

Section 13

In section 104, omit subsections (1)(b), (6) and (7).

Section 14

In section 106, omit subsections (1)(b), (7) and (8).

Section 15

In section 117(1), for “the Governor” substitute “the appropriate judge”.

Section 16

In section 117, after subsection (1) insert—

(1A) But this section does not apply if the order is made under section 128.

Section 17

In section 119(1)(a), for “the Governor” substitute “the appropriate judge”.

Section 18

In section 119, in subsections (2) to (6) and in each place in subsection (7), for “the Governor” substitute “the judge”.

Section 19

In section 120, after subsection (1) insert—

(1A) But this section does not apply if the order for the person’s extradition is made under section 128.

Section 20

In section 127(1), for the words from “arrested” to “requested” substitute “brought before the appropriate judge under section 187(1) may consent to his extradition to the territory in which the overseas sentence was imposed”.

Section 21

In section 127(3), before paragraph (a) insert—

(aa) must be given before the appropriate judge;

Section 22

In section 127, omit subsections (4) and (5).

Section 23

In section 128, after subsection (1) insert—

(1A) The judge must remand the person in custody or on bail.

(1B) If the person is remanded in custody, the appropriate judge may later grant bail.

Section 24

In section 128(4), for the words from “send the case” to “extradited” substitute “within the period of 10 days starting with the day on which consent is given order the person’s extradition to the extradition territory”.

Section 25

In section 128, after subsection (4) insert—

(5) Subsection (4) has effect subject to section 128B.

(6) If subsection (4) is not complied with and the person applies to the judge to be discharged the judge must order his discharge.

Section 26

After section 128 insert—

Extradition to extradition territory following consent

(128A)

(1) This section applies if the appropriate judge makes an order under section 128(4) for a person’s extradition to an extradition territory.

(2) The person must be extradited to the extradition territory as soon as practicable after the order is made.

(3) If subsection (2) is not complied with and the person applies to the judge to be discharged the judge must order his discharge, unless reasonable cause is shown for the delay.

Extradition claim following consent

(128B)

(1) This section applies if—

(a) a person consents under section 127 to be extradited to an extradition territory, and

(b) before the judge orders his extradition under section 128(4), the judge is informed that the conditions in subsection (2) are met.

(2) The conditions are that—

(a) the Governor has received another valid request for the person’s extradition to an extradition territory;

(b) the other request has not been disposed of.

(4) The judge must not make an order under section 128(4) until he has been informed what order has been made under section 126(2).

(5) If the order under section 126(2) is for further proceedings on the request under consideration to be deferred until the other request has been disposed of, the judge must remand the person in custody or on bail.

(6) If the person is remanded in custody, the appropriate judge may later grant bail.

(8) If the order under section 126(2) is for further proceedings on the other request to be deferred until the request under consideration has been disposed of, the period specified in section 128(4) must be taken to be 10 days starting with the day on which the judge is informed of the order.

Section 69 Extradition to extradition territories

This Part deals with extradition from a Territory to the extradition territories.

Section 70 Extradition request and certificate

(1) The Governor must (subject to subsection (2)) issue a certificate under this section if he receives a valid request for the extradition of a person to an extradition territory.

(2) The Governor may refuse to issue a certificate under this section if—

(a) he has power under section 126 to order that proceedings on the request be deferred,

(b) the person whose extradition is requested is a person who, owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside his country of nationality and is unable or, owing to such fear, is unwilling to avail himself of the protection of that country; or who, not having a nationality and being outside the country of his former habitual residence, is unable or, owing to such fear, unwilling to return to it, or

(c) the person whose extradition is requested has been granted leave to enter or remain in the Territory on the ground that to remove him to the territory to which extradition is requested would be in breach of his right to life or his right not to be subjected to torture or to inhuman or degrading treatment or punishment.

(3) A request for a person’s extradition is valid if—

(a) it contains the statement referred to in subsection (4) or the statement referred to in subsection (4A), and

(b) it is made in the approved way.

(4) The statement is one that—

(a) the person is accused in the extradition territory of the commission of an offence specified in the request, and

(b) the request is made with a view to his arrest and extradition to the extradition territory for the purpose of being prosecuted for the offence.

(4A) The statement is one that—

(a) the person has been convicted of an offence specified in the request by a court in the extradition territory, and

(b) the request is made with a view to his arrest and extradition to the extradition territory for the purpose of being sentenced for the offence or of serving a sentence of imprisonment or another form of detention imposed in respect of the offence.

(5) A request for extradition to an extradition territory which is a British overseas territory is made in the approved way if it is made by or on behalf of the Governor of that British overseas territory.

(5A) A request for extradition to an extradition territory which is the United Kingdom, Guernsey, Jersey or the Isle of Man is made in the approved way if it is made by or on behalf of the government of that territory.

(6) A request for extradition to an extradition territory which is the Hong Kong Special Administrative Region of the People’s Republic of China is made in the approved way if it is made by or on behalf of the government of the Region.

(7) A request for extradition to any other extradition territory is made in the approved way if it is made—

(a) by an authority of the territory which the Governor believes has the function of making requests for extradition in that territory, or

(b) by a person recognised by the Governor as a diplomatic or consular representative of the territory.

(8) A certificate under this section must certify that the request is made in the approved way.

(9) If a certificate is issued under this section the Governor must send the request and the certificate to the appropriate judge.

(10) Subsection (11) applies at all times after the Governor issues a certificate under this section.

(11) The Governor is not to consider whether the extradition would be compatible with the Human Rights Convention.

(12) References in the Act to a valid request for a person’s extradition must be read in accordance with this section.

Section 71 Arrest warrant following extradition request

(1) This section applies if the Governor sends documents to the appropriate judge under section 70.

(2) The judge may issue a warrant for the arrest of the person whose extradition is requested if the judge has reasonable grounds for believing that—

(a) the offence in respect of which extradition is requested is an extradition offence, and

(b) there is evidence falling within subsection (3).

(3) The evidence is—

(a) evidence that would justify the issue of a warrant for the arrest of a person accused of the offence within the Territory, if the person whose extradition is requested is accused of the commission of the offence;

(b) evidence that would justify the issue of a warrant for the arrest of a person unlawfully at large after conviction of the offence within the Territory, if the person whose extradition is requested is alleged to be unlawfully at large after conviction of the offence.

(4) An order made by the Secretary of State for the purposes of section 71(4) of the UK Act, has effect also under the law of a Territory, and in respect of a category 2 territory designated under such an order, subsections (2) and (3) have effect as if “evidence” read “information”.

(5) A warrant under this section may—

(a) be executed by any person to whom it is directed or by any constable;

(b) be executed even if neither the warrant nor a copy of it is in the possession of the person executing it at the time of the arrest.

Section 72 Person arrested under section 71

(1) This section applies if a person is arrested under a warrant issued under section 71.

(2) A copy of the warrant must be given to the person as soon as practicable after his arrest.

(3) The person must be brought as soon as practicable before the appropriate judge.

(4) But subsection (3) does not apply if—

(a) the person is granted bail by a constable following his arrest, or

(b) the Governor decides under section 126 that the request for the person’s extradition is not to be proceeded with.

(5) If subsection (2) is not complied with and the person applies to the judge to be discharged, the judge may order his discharge.

(6) If subsection (3) is not complied with and the person applies to the judge to be discharged, the judge must order his discharge.

(7) When the person first appears or is brought before the appropriate judge, the judge must—

(a) inform him of the contents of the request for his extradition;

(b) give him the required information about consent;

(c) remand him in custody or on bail.

(8) The required information about consent is—

(a) that the person may consent to his extradition to the extradition territory to which his extradition is requested;

(b) an explanation of the effect of consent and the procedure that will apply if he gives consent;

(c) that consent must be given in writing and is irrevocable.

(9) If the person is remanded in custody, the appropriate judge may later grant bail.

Section 73 Provisional warrant

(1) This section applies if a magistrate is satisfied on information in writing and on oath that a person within subsection (2)—

(a) is or is believed to be in the Territory, or

(b) is or is believed to be on his way to the Territory.

(2) A person is within this subsection if—

(a) he is accused in an extradition territory of the commission of an offence, or

(b) he is alleged to be unlawfully at large after conviction of an offence by a court in an extradition territory.

(3) The magistrate may issue a warrant for the arrest of the person (a provisional warrant) if he has reasonable grounds for believing that—

(a) the offence of which the person is accused or has been convicted is an extradition offence, and

(b) there is written evidence falling within subsection (4).

(4) The evidence is—

(a) evidence that would justify the issue of a warrant for the arrest of a person accused of the offence within the Territory, if the person in respect of whom the warrant is sought is accused of the commission of the offence;

(b) evidence that would justify the issue of a warrant for the arrest of a person unlawfully at large after conviction of the offence within the Territory, if the person in respect of whom the warrant is sought is alleged to be unlawfully at large after conviction of the offence.

(5) An order made by the Secretary of State for the purposes of section 73(5) of the UK Act, has effect also under the law of a Territory, and in respect of a category 2 territory designated under such an order, subsections (3) and (4) have effect as if “evidence” read “information”.

(6) A provisional warrant may—

(a) be executed by any person to whom it is directed or by any constable;

(b) be executed even if neither the warrant nor a copy of it is in the possession of the person executing it at the time of the arrest.

Section 74 Person arrested under provisional warrant

(1) This section applies if a person is arrested under a provisional warrant.

(2) A copy of the warrant must be given to the person as soon as practicable after his arrest.

(3) The person must be brought as soon as practicable before the appropriate judge.

(4) But subsection (3) does not apply if—

(a) the person is granted bail by a constable following his arrest, or

(b) in a case where the Governor has received a valid request for the person’s extradition, the Governor decides under section 126 that the request is not to be proceeded with.

(5) If subsection (2) is not complied with and the person applies to the judge to be discharged, the judge may order his discharge.

(6) If subsection (3) is not complied with and the person applies to the judge to be discharged, the judge must order his discharge.

(7) When the person first appears or is brought before the appropriate judge, the judge must—

(a) inform him that he is accused of the commission of an offence in an extradition territory or that he is alleged to be unlawfully at large after conviction of an offence by a court in an extradition territory;

(b) give him the required information about consent;

(c) remand him in custody or on bail.

(8) The required information about consent is—

(a) that the person may consent to his extradition to the extradition territory in which he is accused of the commission of an offence or is alleged to have been convicted of an offence;

(b) an explanation of the effect of consent and the procedure that will apply if he gives consent;

(c) that consent must be given in writing and is irrevocable.

(9) If the person is remanded in custody, the appropriate judge may later grant bail.

(10) The judge must order the person’s discharge if the documents referred to in section 70(9) are not received by the judge within the required period.

(11) The required period is—

(a) 45 days starting with the day on which the person was arrested, or

(b) if an order has been made by the Secretary of State for the purposes of section 74(11)(b) of the UK Act, that order shall have effect also under the law of a Territory, and in respect of a category 2 territory designated under such an order, the required period is any longer period permitted by the order.

Section 75 Date of extradition hearing: arrest under section 71

(1) When a person arrested under a warrant issued under section 71 first appears or is brought before the appropriate judge, the judge must fix a date on which the extradition hearing is to begin.

(2) The date fixed under subsection (1) must be such as to ensure no unnecessary delay.

(3) If before the date fixed under subsection (1) (or this subsection) a party to the proceedings applies to the judge for a later date to be fixed and the judge believes it to be in the interests of justice to do so, he may fix a later date; and this subsection may apply more than once.

(4) If the extradition hearing does not begin on or before the date fixed under this section and the person applies to the judge to be discharged, the judge must order his discharge.

Section 76 Date of extradition hearing: arrest under provisional warrant

(1) Subsection (2) applies if—

(a) a person is arrested under a provisional warrant, and

(b) the documents referred to in section 70(9) are received by the appropriate judge within the period required under section 74(10).

(2) The judge must fix a date on which the extradition hearing is to begin.

(3) The date fixed under subsection (2) must be such as to ensure no unnecessary delay.

(4) If before the date fixed under subsection (2) (or this subsection) a party to the proceedings applies to the judge for a later date to be fixed and the judge believes it to be in the interests of justice to do so, he may fix a later date; and this subsection may apply more than once.

(5) If the extradition hearing does not begin on or before the date fixed under this section and the person applies to the judge to be discharged, the judge must order his discharge.

Section 76A Person charged with offence in Territory before extradition hearing

(1) This section applies if—

(a) a person has been brought before the appropriate judge under section 72(3) or 74(3) but the extradition hearing has not begun; and

(b) the judge is informed that the person is charged with an offence in the Territory.

(2) The judge must order further proceedings in respect of the extradition to be adjourned until one of these occurs—

(a) the charge is disposed of;

(b) the charge is withdrawn;

(c) proceedings in respect of the charge are discontinued;

(d) an order is made for the charge to lie on the file.

(3) If a sentence of imprisonment or another form of detention is imposed in respect of the offence charged, the judge may order further proceedings in respect of the extradition to be adjourned until the person is released from detention pursuant to the sentence (whether under early release provisions or otherwise).

Section 76B Person serving sentence in Territory before extradition hearing

(1) This section applies if—

(a) a person has been brought before the appropriate judge under section 72(3) or 74(3) but the extradition hearing has not begun; and

(b) the judge is informed that the person is detained pursuant to a sentence of imprisonment or another form of detention in the Territory.

(2) The judge may order further proceedings in respect of the extradition to be adjourned until the person is released from detention pursuant to the sentence (whether under early release provisions or otherwise).

Section 77 Judge’s powers at extradition hearing

(1) At the extradition hearing the appropriate judge has the same powers (as nearly as may be) as a magistrate’s court would have if the proceedings were the summary trial of an information against the person whose extradition is requested.

(2) Subsection (2) of the Act does not apply.

(3) Subsection (3) of the Act does not apply.

(4) If the judge adjourns the extradition hearing he must remand the person in custody or on bail.

(5) If the person is remanded in custody, the appropriate judge may later grant bail.

Section 78 Initial stages of extradition hearing

(1) This section applies if a person alleged to be the person whose extradition is requested appears or is brought before the appropriate judge for the extradition hearing.

(2) The judge must decide whether the documents sent to him by the Governor consist of (or include)—

(a) the documents referred to in section 70(9);

(b) particulars of the person whose extradition is requested;

(c) particulars of the offence specified in the request;

(d) in the case of a person accused of an offence, a warrant for his arrest issued in the extradition territory;

(e) in the case of a person alleged to be unlawfully at large after conviction of an offence, a certificate issued in the extradition territory of the conviction and (if he has been sentenced) of the sentence.

(3) If the judge decides the question in subsection (2) in the negative he must order the person’s discharge.

(4) If the judge decides that question in the affirmative he must decide whether—

(a) the person appearing or brought before him is the person whose extradition is requested;

(b) the offence specified in the request is an extradition offence;

(c) copies of the documents sent to the judge by the Governor have been served on the person.

(5) The judge must decide the question in subsection (4)(a) on a balance of probabilities.

(6) If the judge decides any of the questions in subsection (4) in the negative he must order the person’s discharge.

(7) If the judge decides those questions in the affirmative he must proceed under section 79.

(8) The reference in subsection (2)(d) to a warrant for a person’s arrest includes a reference to a judicial document authorising his arrest.

Section 79 Bars to extradition

(1) If the judge is required to proceed under this section he must decide whether the person’s extradition to the extradition territory is barred by reason of—

(a) the rule against double jeopardy;

(b) extraneous considerations;

(c) the passage of time;

(d) hostage–taking considerations;

(e) forum.

(1A) But the judge is to decide whether the person’s extradition is barred by reason of forum only in a case where the request for extradition contains the statement referred to in section 70(4) (warrant issued for purposes of prosecution for offence in extradition territory).

(2) Sections 80 to 83E apply for the interpretation of subsection (1).

(3) If the judge decides any of the questions in subsection (1) in the affirmative he must order the person’s discharge.

(4) If the judge decides those questions in the negative and the person is accused of the commission of the extradition offence but is not alleged to be unlawfully at large after conviction of it, the judge must proceed under section 84.

(5) If the judge decides those questions in the negative and the person is alleged to be unlawfully at large after conviction of the extradition offence, the judge must proceed under section 85.

Section 80 Rule against double jeopardy

A person’s extradition to an extradition territory is barred by reason of the rule against double jeopardy if (and only if) it appears that he would be entitled to be discharged under any rule of law relating to previous acquittal or conviction if he were charged with the extradition offence in the Territory.

Section 81 Extraneous considerations

A person’s extradition to an extradition territory is barred by reason of extraneous considerations if (and only if) it appears that—

(a) the request for his extradition (though purporting to be made on account of the extradition offence) is in fact made for the purpose of prosecuting or punishing him on account of his race, religion, nationality, gender, sexual orientation or political opinions, or

(b) if extradited he might be prejudiced at his trial or punished, detained or restricted in his personal liberty by reason of his race, religion, nationality, gender, sexual orientation or political opinions.